Hadith Two
Abu Hurayrah (may Allah be pleased with him) reported that the Messenger of Allah ﷺ said, “A woman is not to be combined in marriage with her paternal aunt, nor is a woman to be combined with her maternal aunt.”
Overall meaning
This purified sharia has brought everything that leads to goodness and rectitude and has opposed everything that brings harm and corruption. Among its aims is to foster harmony, love, and affection, while prohibiting estrangement, severing of ties, and hatred.
Because the Lawgiver allowed a man to marry more than one wife for the benefits that may necessitate it—and because gathering several wives under one husband usually breeds enmity and rancor among them on account of jealousy—He forbade that polygyny involve close female relatives, lest enmity spread among kinsfolk.
Thus He prohibited marrying one sister in addition to her sister, a paternal aunt in addition to her brother’s daughter, a maternal aunt in addition to her sister’s daughter, and any other pair of women who, were one of them male and the other female, would be forbidden to marry by reason of blood. Under such circumstances it is impermissible to combine them in marriage.
This hadith qualifies the general Qur’anic statement, “And lawful to you is all beyond that” (al-Nisaʾ 4:24). Since we have already incorporated its rulings, there is no need to spell them out here; they are evident from the overall meaning just set forth.
Benefit
Regarding the prohibition of combining two sisters, or a woman with her paternal or maternal aunt, Ibn al-Mundhir said, “I know of no disagreement on this matter today; the scholars are unanimously agreed upon it.” Ibn ʿAbd al-Barr, Ibn Hazm, al-Qurtubi, and al-Nawawi likewise transmitted the consensus.
Ibn Daqiq al-ʿId remarked: This ruling is taken from the Sunnah. Although the unrestricted wording of the Qur’an appears to allow it—by virtue of the verse, “And lawful to you is all beyond that” (4:24)—the leading jurists of the Muslim lands restricted that generality with this hadith. It serves as proof that a solitary prophetic report may qualify the general text of the Book, which is the position of the four imams.
Al-Sanʿani added: The term “solitary” does not mean a report conveyed by a single individual but rather any narration that falls short of mass transmission (tawatur). Al-Hafiz Ibn Hajar noted that thirteen Companions related this hadith, listing them by name. This rebuts the claim that it was narrated only by Abu Hurayrah.